Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The mortgagor and the mortgagee are jointly and severally liable to pay the duty payable on a transfer by way of mortgage of dutiable property that is territory land.
(2) If the commissioner is satisfied that—
(a) duty has been paid in accordance with this section on a transfer of dutiable property to which this section applies; and
(b) the dutiable property has been re-transferred to the mortgagor (or a person to whom the land has been transmitted by death or bankruptcy) and the mortgagor (or person) is the registered proprietor of the land;
the commissioner must refund the ad valorem duty paid on the transfer.
Note The exemptions from duty provided under this part are in addition to the exemptions under ch 11 (General exemptions from duty).